RAJKUMAR KUSHWAH Vs. STATE OF M.P.
LAWS(MPH)-2020-3-187
HIGH COURT OF MADHYA PRADESH
Decided on March 18,2020

Rajkumar Kushwah Appellant
VERSUS
STATE OF M.P. Respondents

JUDGEMENT

VISHAL MISHRA,J. - (1.)It is alleged by the counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. Allegation against the present applicant is that 13 petty illicit liquor in which there were 50-50 quarters in each petty has been seized from the possession of the applicant. It is further submitted that there is no criminal antecedent against the applicant. There is no named FIR against the present applicant and he was not present on the spot. The applicant has made an accused on the memorandum under Section 27 of the Evidence Act of the co-accused The applicant is ready to abide by all the conditions which may be imposed by this Court. The applicant is in custody since 08.02.2020. There is no possibility of absconding or tampering with the prosecution evidence. On these grounds, counsel for the applicant prayed for grant of bail to the applicant.
(2.)Per contra, learned Public Prosecutor for the State has opposed the application stating that the investigation is pending. Hence, he prayed for rejection of the bail application.
(3.)Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this Court deems it appropriate to allow this bail application. Accordingly, the application is allowed and it is directed that subject to verification of the fact that no other criminal case is pending against the applicant, the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court.


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